PEARSON v. C.P. BUCKNER STEEL ERECTION

No. 452PA97.

498 S.E.2d 818 (1998)

348 N.C. 239

Richard D. PEARSON, Employee-Plaintiff, v. C.P. BUCKNER STEEL ERECTION COMPANY, Defendant-Employer, and Liberty Mutual Insurance Company, Defendant-Carrier. Cary Health Care Center, Inc., d/b/a Cary Manor Nursing Home, Intervenor.

Supreme Court of North Carolina.

May 8, 1998.


Attorney(s) appearing for the Case

The Jernigan Law Firm by Leonard T. Jernigan, Jr., and N. Victor Farah, Raleigh, for plaintiff-appellant; and Lore & McClearen by R. James Lore, Raleigh, for intervenor-appellant Cary Health Care Center, Inc.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P. by Jeffrey A. Doyle, Raleigh, for defendants-appellees.


FRYE, Justice.

The issue presented by this case of first impression is whether an employer who denies liability but is ordered to pay medical expenses under the Workers' Compensation Act (Act) may fulfill this obligation by merely reimbursing Medicaid where Medicaid has paid medical providers a portion of the cost of treatment or whether the employer must also pay medical providers the difference between the amount covered by Medicaid and the full amount authorized...

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